The president is celebrating after the Supreme Court approves the use of an 18th-century World War II-era law to facilitate mass deportations.
Since taking office on January 20, Donald Trump has been devising strategies to curb immigration in the U.S. Within weeks, he signed a series of executive orders aimed at “reclaiming control” of the borders. As part of this effort, he revived a wartime law to deport migrants accused of crimes, bypassing legal procedures such as court challenges.
The Alien Enemies Act of 1798, an obscure 18th-century law, was created in response to spying and sabotage during tensions with France. It was passed shortly after the U.S. gained independence from the British Empire.
Trump is celebrating the verdict as a win
Under the act, it can be invoked during a “declared war” or any “invasion or predatory incursion” against the U.S. by a foreign government.
It remains in effect for as long as necessary, until the President decides to terminate it.
The Alien Enemies Act has been used several times in U.S. history, most recently to justify the internment of Japanese, German, and Italian citizens—who were from the Axis powers—during World War II.
Now, the Trump administration is using the Act to authorize the detention and deportation of citizens from “enemy” nations. So far, at least 137 people have been removed under the Act.
Just last month, 261 individuals accused of ties to the Venezuelan gang Tren de Aragua or the MS-13 gang were deported to the notorious El Salvador mega-jail with the help of the law.
A lower court had attempted to block the deportations on March 15, with the American Civil Liberties Union (ACLU) arguing that the Act required further scrutiny, according to BBC reports.
More than 250 people accused of crime were deported from the US to the mega jail
However, the Supreme Court has granted the President the authority to use the law to expedite the deportation of alleged gang members, as of Monday (April 7)—at least for now.
The justices approved the plan but emphasized that deportees must be given the opportunity to challenge their removal.
“The notice must be provided within a reasonable time and in a manner that allows them to seek habeas relief in the appropriate venue before removal takes place,” the justices stated in an unsigned decision.
“The only question is which court will address that challenge,” they added.
Nonetheless, Trump is celebrating the ruling as a victory, posting on his Truth Social platform: “The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to secure our borders and protect our families and our country.”
“A GREAT DAY FOR JUSTICE IN AMERICA!”
Meanwhile, the ACLU is also calling the decision a “victory.”
Lead ACLU attorney Lee Gelernt stated: “While we are disappointed that we must start the court process over in a different venue, the key takeaway is that the Supreme Court has affirmed that individuals must be given due process to challenge their removal under the Alien Enemies Act.”
